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(a) Consent is hereby granted to the transfer of the Permit referred to from Sage Creek Coal Company LLC <br />(b) <br />Peabody Sage Creek Mining <br />Peabody Sage Creek Mining <br />(c) The Performance and Financial Warranty substitution above proposed is hereby accepted and approved. <br />STATE OF COLORADO <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION BOARD <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />By gr <br />'/ed( <br />Division Director <br />Date Executed /1 / / Z ` / <br />M:Min \share \vsforms \07 -07 -01 vsforms \Transfer Mineral Permit 07/25/2007 <br />-6- <br />CONSENT OF STATE <br />is hereby recognized as Successor Operator under such Permit. <br />to <br />